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a member of the IBP who is not in good
standing.
After acceptance of the recommendation, the
lawyer shall be declared a member not in good
standing. He will be furnished a notice that
includes a directive to pay P4,000.00 penalty
which shall accrue to the special fund for the
legal aid program of the IBP.
Any lawyer who fails to comply with these
duties for at least three consecutive years shall
be the subject of disciplinary proceedings to
be instituted motu proprio by the Committee
on Bar Discipline. [Sec. 7]
credit for mcleA lawyer who renders
mandatory legal aid service for the required
number of hours in a year for the 3year-period
covered by a compliance period shall be
credited: 2 credit units for legal ethics, 2 credit
units for trial and pretrial skills, 2 credit units
for alternative dispute resolution, 4 credit
units for legal writing and oral advocacy, 4
credit units for substantive and procedural
laws and jurisprudence and 6 credit units for
such subjects as may be prescribed by the
MCLE Committee
A lawyer who renders mandatory legal aid
service for the required number of hours in a
year for at least 2 consecutive years within the
3 year-period covered by a compliance period
shall be credited: 1 credit unit for legal ethics,
1 credit unit for trial and pretrial skills, 1 credit
unit for alternative dispute resolution, 2 credit
units for legal writing and oral advocacy, 2
credit units for substantive and procedural
laws and jurisprudence and 3 credit units for
such subjects as may be prescribed by the
MCLE Committee [Sec. 8].
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LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
VI. Notarial Practice
(A.M. No. 02-8-13-SC,
as amended)
A.M. No. 02-8-13-SC is referred to as the 2004
Rules on Notarial Practice [hereinafter Notarial
Rules]. In 2008, it was amended by the Court en
banc via 2 resolutions: Resolution dated February
12, 2008 and Resolution dated February 19, 2008.
[Note: Notarial Practice is one of the favorite
questions asked in the Bar. – 2017 Faculty Ed.]
A. QUALIFICATIONS OF NOTARY
PUBLIC
1. Must be a Filipino citizen;
2. Must be over 21 years old;
3. Must be a resident of the Philippines
for at least 1 year;
4. Must maintain a regular place of work
or business in the city or province
where com-mission is to be issued;
5. Must be a member of the Philippine
Bar in good standing, with clearances
from: The Office of the Bar Confidant
of the Supreme Court, and the IBP;
6. Must not have been convicted in the
first instance of any crime involving
moral turpitude [Sec. 1, Rule III]
B. TERM OF OFFICE OF NOTARY PUBLIC
Sec. 11, Rule III,. A person commissioned as
notary public may perform notarial acts in any
place within the territorial jurisdiction of the
commissioning court for a period of 2 years
commencing the first day of January of the
year in which the commissioning is made,
unless earlier revoked or the notary public has
resigned under these Rules and the RoC
Sec. 13, Rule III. A notary public may file a
written application with the Executive Judge
for the renewal of his commission within 45
days before the expiration thereof.
C. POWERS AND LIMITATIONS
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3. Jurats;
Notarization is not an empty, meaningless 4. Signature witnessings
and routinary act. It converts a private
5. Copy certifications; and
document into a public instrument, making it
admissible as evidence without the necessity 6. Any other act authorized by the
of preliminary proof of its authenticity and due Notarial Rules [Sec. 1(a), Rule IV]
execution [Sicat v. Ariola, A.C. 5864 (2005)]. a. Certifying the affixing of signature
by thumb or other mark on an
Lawyers commissioned as notaries public are instrument or document
mandated to subscribe to the sacred duties presented for notarization [Sec.
appertaining to their office, such duties being 1(b), Rule IV]
dictated by public policy impressed with b. Signing on behalf of a person
public interest [Mondejar v. Rubia, A.C. 5907 who is physically unable to
and 5942 (2006)]. sign or make a mark on an
instrument or document [Sec.
C.1. POWERS 1(c), Rule IV]
A notary public can perform the following
notarial acts:
1. Acknowledgments;
2. Oaths and affirmations;

Basic Definition Common Requisites

Represents to the notary public that
the signature was voluntarily affixed for
Acknowledgment the purposes stated in the instrument
and declares that instrument was
executed as a free and voluntary act
Avows under penalty of law to the whole (2) Is attested to be personally
Oath or Affirmation
truth [Sec. 2 (c), Rule II]
Sign the instrument and take an oath or
affirmation before the notary public as
Jurat
to such instrument [Sec. 6 (c), (d), Rule
II]
Signature Signs the instrument in the presence of
witnessing the notary public [Sec. 14 (c), Rule II]
(1) Appears in person before the
notary public and presents an
integrally complete instrument
or document;
known to the notary public or
identified by the notary public
through competent evidence of
identity as defined by the
Notarial Rules

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Copy Certification
Refers to a notarial act in which a notary
public: (PC-CD)
(1) Is presented with an instrument or
document that is neither a vital record, a
public record, nor publicly recordable;
(2) Copies or supervises the copying of the
instrument or document;
(3) Compares the instrument or document
with the copy; and
(4) Determines that the copy is accurate and
complete [Sec. 4, Rule II]
Certifying the Affixing of Signature by
Thumb/Other Mark
A notary public is authorized if:
(1) The thumb or other mark is affixed in the
presence of the notary public and of two
(2) disinterested and unaffected witnesses
to the instrument or document;
(2) Both witnesses sign their own names in
addition to the thumb or other mark;
(3) The notary public writes below the thumb
or other mark: “Thumb or Other Mark
affixed by (name of signatory by mark) in
the presence of (names and addresses of
witnesses) and undersigned notary
public;” and
(4) The notary public notarizes the signature
by thumb or other mark through an
acknowledgment, jurat, or signature
witnessing. [Sec. 1(b), Rule IV,]
Signing on Behalf of a Person Who is Physically
Unable to Sign or Make a Mark
A notary public is authorized if:
(1) The notary public is directed by the person
unable to sign or make a mark to sign on
his behalf;
(2) The signature of the notary public is
affixed in the presence of two
disinterested and unaffected witnesses to
the instrument or document;
(3) Both witnesses sign their own names;
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LEGAL AND JUDICIAL ETHICS
(4) The notary public writes below his
signature: “Signature affixed by notary in
presence of (names and addresses of
person and two witnesses);” and
(5) The notary public notarizes his signature
by acknowledgment or jurat [Sec. 1(c),
Rule IV].
“Physically unable to sign” does not include
the situation where a person is physically
unable to sign because he is in another place
[Uy (2004)].
C.2. LIMITATIONS
i. Relating to Notarial Acts
A notary public shall not perform a notarial act
outside his regular place of work or business;
provided, however, that on certain exceptional
occasions or situations, a notarial act may be
performed at the request of the parties in the
following sites located within his territorial
jurisdiction:
(a) Public offices, convention halls, and
similar places where oaths of office may
be administered;
(b) Public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(c) Hospitals and other medical institutions
where a party to an instrument or
document is confined for treatment; and
(d) Any place where a party to an instrument
or document requiring notarization is
under detention [Sec. 2(a), Rule IV]
A person shall not perform a notarial act if the
person involved as signatory to the instrument
or document:
(a) Is not in the notary's presence personally
at the time of the notarization; and
(b) Is not personally known to the notary
public or otherwise identified by the
notary public through competent
evidence of identity as defined by the
Notarial Rules [Sec. 2(b), Rule IV].
A notary public is disqualified from performing
a notarial act if he:
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(a) Is a party to the instrument or document
that is to be notarized;
(b) Will receive, as a direct or indirect result,
any commission, fee, advantage, right,
title, interest, cash, property, or other
consideration, except as provided by the
Notarial Rules and by law; or
(c) A notary public is disqualified from
performing is a spouse, common-law
partner, ancestor, descendant, or relative
by affinity or consanguinity of the
principal within the fourth civil degree
[Sec. 3, Rule IV]
A notary public shall not perform any notarial
act described in the Notarial Rules if:
(a) The notary knows or has good reason to
believe that the notarial act or
transaction is unlawful or immoral;
(b) The signatory shows a demeanor which
engenders in the mind of the notary
public reasonable doubt as to the
former's knowledge of the consequences
of the transaction requiring a notarial act;
and
(c) In the notary's judgment, the signatory is
not acting of his or her own free will [Sec.
4, Rule IV]
A notary public shall not:
(a) Execute a certificate containing
information known or believed by the
notary to be false;
(b) Affix an official signature or seal on a
notarial certificate that is incomplete
[Sec. 5, Rule IV]
A notary public shall not notarize:
(a) A blank or incomplete instrument or
document; or
(b) An instrument or document without
appropriate notarial certification [Sec. 6,
Rule IV
ii. Relating to Notarial Register
In the notary's presence, any person may
inspect an entry in the notarial register, during
regular business hours, provided;
JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
(a) The person's identity is personally known
to the notary public or proven through
competent evidence of identity as defined
in the Notarial Rules;
(b) The person affixes a signature and thumb
or other mark or other recognized
identifier, in the notarial register in a
separate, dated entry;
(c) The person specifies the month, year,
type of instrument or document, and
name of the principal in the notarial act or
acts sought; and
(d) The person is shown only the entry or
entries specified by him;
The notarial register may be examined by a
law enforcement officer in the course of an
official investigation or by virtue of a court
order.
If the notary public has a reasonable ground to
believe that a person has a criminal intent or
wrongful motive in requesting information
from the notarial register, the notary shall
deny access to any entry or entries therein [Sec.
4, Rule VI]
D. NOTARIAL REGISTER
A notarial register refers to a permanently
bound book with numbered pages containing
a chronological record of notarial acts
performed by a notary public [Sec. 5, Rule II]
Rule VI, Secs. I and 2 of the Notarial Rules
require a notary public to keep and maintain a
Notarial Register wherein he will record his
every notarial act. His failure to make the
proper entry or entries in his notarial register
concerning his notarial acts is a ground for
revocation of his notarial commission [Agadan,
et al. v. Kilaan, A.C. No. 9385 (2013)].
D.1. ENTRIES
i. By the Notary Public
Required to be entered at the time of
notarization:
(1) The entry number and page number;
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(2) The date and time of day of the notarial
act;
(3) The type of notarial act;
(4) The title or description of the instrument,
document or proceeding;
(5) The name and address of each principal;
(6) The competent evidence of identity as
defined by the Notarial Rules if the
signatory is not personally known to the
notary;
(7) The name and address of each credible
witness swearing to or affirming the
person's identity;
(8) The fee charged for the notarial act;
(9) The address where the notarization was
performed if not in the notary's regular
place of work or business; and
(10) Any other circumstance the notary public
may deem of significance or relevance;
(11) Reasons and circumstances for not
completing a notarial act;
(12) Circumstances of any request to inspect
or copy an entry in the notarial register,
including the:
(a) Requester’s name;
(b) Requester’s address;
(c) Requester’s signature;
(d) Requester’s thumbmark or other
recognized identifier;
(e) Evidence of requester’s identity;
and
(f) Reasons for refusal to allow
inspection or copying of a journal
entry;
(13) Brief description of the substance of a
contract presented for notarization;
(14) In case of a protest of any draft, bill of
exchange or promissory note, a full and
true record of all proceedings in relation
thereto and shall note therein:
(a) Whether the demand for the sum of
money was made, by whom, when
and where;
(b) Whether he presented such draft,
bill or note;
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LEGAL AND JUDICIAL ETHICS
(c) Whether notices were given, to
whom and in what manner; where
the same was made, when and to
whom and where directed; and
(d) Of every other fact touching the
same [Sec. 2, Rule VI]
ii. By Other Persons
At the time of notarization, the notary's
notarial register shall be signed or a thumb or
other mark affixed by each:
1. Principal;
2. Credible witness swearing or affirming
to the identity of a principal; and
3. Witness to a signature by thumb or
other mark, or to a signing by the
notary public on behalf of a person
physically unable to sign [Sec. 3, Rule
VI]
D.2. CLOSING
At the end of each week, the notary public
shall certify in his notarial register the number
of instruments or documents executed, sworn
to, acknowledged, or protested before him; or
if none, this certificate shall show this fact.
[Sec. 2(g), Rule VI]
D.3. SUBMISSION
A certified copy of each month’s entries and a
duplicate original copy of any instrument
acknowledged before the notary public shall,
within the first ten days of the month following,
be forwarded to the Clerk of Court and shall be
under the responsibility of such officer. If there
is no entry to certify for the month, the notary
shall forward a statement to this effect in lieu
of certified copies herein required. [Sec. 2(h),
Rule VI]
E. JURISDICTION OF NOTARY PUBLIC
AND PLACE OF NOTARIZATION
A person commissioned as notary public may
perform notarial acts in any place within the
territorial jurisdiction of the commissioning
court. [Sec. 11, Rule III]
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General rule: A notary public shall not perform
a notarial act outside his regular place of work
or business
Exception: on certain exceptional occasions or
situations, a notarial act may be performed at
the request of the parties in the following sites
located within his territorial jurisdiction:
1) Public offices, convention halls, and
similar places where oaths of office may
be administered;
2) Public function areas in hotels and similar
places for the signing of documents
requiring notarization;
3) Hospitals and other medical institutions
where a party to an instrument or
document is confined for treatment; and
4) Any place where a party to the instrument
or document requiring notarization is
under detention. [Sec. 2, Rule VI]
F. REVOCATION OF COMMISSION
1. The Executive Judge shall revoke a
notarial commission for any ground on
which an application for a commission
may be denied;
2. In addition, the Executive Judge may
revoke the commission of, or impose
appropriate administrative sanctions
upon, any notary public who:
(a) Fails to keep a notarial register;
(b) Fails to make the proper entry or
entries in his notarial register
concerning his notarial acts;
(c) Fails to send the copy of the entries
to the Executive Judge within the
first ten days of the month following;
(d) Fails to affix to acknowledgments
the date of expiration of his
commission;
(e) Fails to submit his notarial register,
when filled, to the Executive Judge;
(f) Fails to make his report, within a
reasonable time, to the Executive
Judge concerning the performance
of his duties, as may be required by
the judge;
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LEGAL AND JUDICIAL ETHICS
(g) Fails to require the presence of a
principal at the time of the notarial
act;
(h) Fails to identify a principal on the
basis of personal knowledge or
competent evidence;
(i) Executes a false or incomplete
certificate under Sec. 5, Rule IV;
(j) Knowingly performs or fails to
perform any other act prohibited or
mandated by these Rules; and
(k) Commits any other dereliction or act
which in the judgment of the
Executive Judge constitutes good
cause for revocation of com-mission
or imposition of administrative
sanction [Sec. 1(a) and (b), Rule XI,]
A notary public should not notarize a
document unless the person who signed the
same is the very same person who executed
and personally appeared before him to attest
to the contents and the truth of what are
stated therein. Without the personal
appearance of the person who actually
executed the document, the notary public
would be unable to verify the genuineness of
the signature of the acknowledging party and
to ascertain that the document is the party’s
free act or deed.
When a lawyer commissioned as a notary
public fails to discharge his duties as such, he
is meted the penalties of revocation of his
notarial commission, disqualification from
being commissioned as a notary public for a
period of 2 years, and suspension from the
practice of law for 1 year. [Agbulos v. Viray ,
G.R. No. 7350 (2013)]
G. COMPETENT EVIDENCE OF IDENTITY
Competent evidence of identity means the
identification of an individual based on:
(1) At least one current identification
document issued by an official agency
bearing the photograph and signature of
the individual, such as but not limited to,
passport, driver's license, Professional
Regulation Commission ID, NBI
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clearance, police clearance, postal ID,
voter’s ID, Barangay cetification, GSIS e-
card, SSS card, Philhealth card, senior
citizen car, OWWA ID, OFW ID, seaman’s
book, alien’s certificate of
registration/immigrant certificate of
registration, government office ID,
certification from the NCWDO, DSWD
certification; or
(2) The oath or affirmation of:
(a) One credible witness not privy to the
instrument, document or transaction
who is personally known to the notary
public and who personally knows the
individual; or
(b) Two credible witnesses neither of
whom is privy to the instrument,
document or trans-action who each
personally knows the individual and
shows to the notary public
documentary identification. [Sec. 12,
Rule II, as amended by Resolution
dated Feb. 19, 2008]
H. SANCTIONS
H.1. Disciplinary Sanctions
The Executive Judge may motu proprio initiate
administrative proceedings against a notary
public and impose the appropriate
administrative sanctions on the grounds for
revocation of commission mentioned [Sec. 1(d),
Rule XI]
H.2. CRIMINAL SANCTIONS
The Executive Judge shall cause the
prosecution of any person who:
1. Knowingly acts or otherwise
impersonates a notary public;
2. Knowingly obtains, conceals, defaces,
or destroys the seal, notarial register,
or official records of a notary public;
and
3. Knowingly solicits, coerces, or in any
way influences a notary public to
commit official misconduct. [Sec. 1,
Rule XII]
JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
VI. Canons of
Professional Ethics
A. ORIGIN
In 1917 and 1946, The Philippine Bar
Association (PBA) adopted the American Bar
Association (ABA)’s Canons of Professional
Ethics (first Canons 1 to 32, then Canons 33 to
47).
In 1980, the IBP adopted a proposed Code of
Professional Responsibility, which was later
approved and promulgated by the SC as the
present Code of Professional Responsibility
[Agpalo (2004)].
B. LEGAL STATUS
While the PBA, a civic non-profit association
and a private entity of limited membership
within the Philippine bar, enjoys high regard in
the legal community, the rules or canons it has
adopted are per se binding only on its
members.
It would be grave error to declare that the
Canons of Professional Ethics, on their own,
serves as an indisputable source of obligations
and basis of penalties imposable upon
members of the Philippine legal profession.
This would violate the long-established
constitutional principle that it is the Supreme
Court which is tasked with the promulgation of
rules governing the admission to the practice
of law, as well as the pleading, practice and
procedure in all courts.
If provisions of the Canons of Professional
Ethics have jurisprudentially been enforced, or
acknowledged as basis for legal liability by the
Supreme Court, they may be recognized as a
binding standard imposable upon members of
the bar, not because said canons or the PBA
itself said so, but because the Court said so
[Tinga, J., Sep. Opinion, PCGG v.
Sandiganbayan, supra.]
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